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In Courts We Trust

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In this farewell speech on the occasion of his retirement as Professor of Comparative Constitutional Law at Maastricht University, given in March 2022, Aalt Willem Heringa discusses the too often ignored role of courts as interpreters of statutes. The courts, by checking the (constitutional) quality of statutes, contribute to the rule of law and pa...

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In Courts We Trust
In Courts We Trust
In this farewell speech on the occasion of his retirement as Professor of Comparative Constitutional Law at Maastricht University, given in March 2022, Aalt Willem Heringa discusses the too often ignored role of courts as interpreters of statutes. The courts, by checking the (constitutional) quality of statutes, contribute to the rule of law and parliamentary democracy. Independent courts may add to the confidence in a constitutional and parliamentary system as a whole, by being in a position to decide cases on contentious issues as an authoritative third branch of government. Moreover, courts can also make it visible to all that not only are citizens bound by the law, but that rules and fundamental principles also apply to politicians. Being subject to legal rules is not an indication of weakness, as politicians often want us to believe. On the contrary, it is an expression of strength: the strength of the safeguards for the proper functioning of our political system, which is embedde…
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Rule of Law: Sustainability and Mutual Trust in a Transforming Europe
Rule of Law: Sustainability and Mutual Trust in a Transforming Europe
The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen. Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and policy debates, so that mutual trust and mutual recognition, the principle guiding EU criminal cooperation, are firmly grounded in the framework of defending and sustaining the inextricably linked values of democracy, the protection of fundamental rights and the rule of law. The inaugural lecture, just like the award of the Chair, is a testament to Professor Bárd’s immense contribution towards understanding and defending the rule of law in Europe in challenging times. Professor Valsamis Mitsilegas
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Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law - Sylvester Sammie - eBook (9789051897937)
Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law - Sylvester Sammie - eBook (9789051897937)
Linking High-level Accused to Sexual and Gender-Based Crimes in International Criminal Law focuses on the theoretical and practical perspectives taken by the ICTY, ICTR, and ICC. It seeks to answer the question of how high-level officials can and should be investigated and prosecuted for their role in the commission of sexual and gender-based crimes. The author examines the forms, types, and amount of evidence used to prove the role of these high-level accused in the commission of crimes by rank-and-file soldiers. As the accused are usually not present on the crime scene, the international criminal courts and tribunals must rely on individual criminal liability theories enshrined in Article 7 ICTY Statute, Article 6 ICTR Statute, and Articles 25 & 28 Rome Statute to connect them to the atrocities committed on the ground. 100 individual cases from the ICTY, ICTR, and ICC are examined and reveal that in most cases there was sufficient evidence to prove that sexual and gender-based crimes…
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Improving the European Arrest Warrant
Improving the European Arrest Warrant
The ImprovEAW-project concerns European Arrest Warrant proceedings in seven Member States (Belgium, Greece, Hungary, Ireland, the Netherlands, Poland and Romania). Maastricht Law Series No. 23 contains the country reports for Greece, the Netherlands and Poland. ImprovEAW is a follow up to an earlier project that focused on In Absentia Judgments (Maastricht Law Series No. 12). This book looks at various other aspects of the EAW surrender procedure that are problematic in practice, such as the information to be provided in the European arrest warrant, the status of the issuing authority and differences in implementation in the Member States. It also goes more into detail as it aims to present an alternative to the European Commission’s outdated Handbook on how to issue and execute a European arrest warrant. This study ends with a proposal to create a procedure that complies with the demands of a dual level of protection, which takes place after arrest of the requested person in the execu…
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Legitimate by Nature?
Legitimate by Nature?
International crimes cause widespread victimisation and destruction, leading to social disruption that may take generations to repair. Over the years, the international community has established international courts to end the culture of impunity in relation to such crimes and to enforce a culture of accountability. A critical success factor for these courts is to ensure that they are perceived as legitimate in post-conflict societies. Established after the 1994 genocide against the Tutsi ethnic group, the International Criminal Tribunal for Rwanda (ICTR) was active for 20 years and closed its doors in December 2015. This book identifies the legitimacy challenges faced by the ICTR, based in Arusha, Tanzania, and its subsequent legitimisation activities implemented to gain, maintain and repair legitimacy, while also examining which stakeholders the ICTR targeted in its efforts to establish and/or maintain its legitimacy. This book is intended for policy-makers and practitioners working …
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The price we pay for Google
The price we pay for Google
The growth of Google as a gate to information and entertainment is as dizzying as it is fascinating. 'I can't imagine a life without Google', is an often heard saying. There is a blind trust at its ground, but are we aware of Google's selection processes and what it does with the information on our behavior on the internet? The search results are getting more and more personal and the so-called 'free' services are paid for by the information on our surf behavior. We have become both the producer of and a product to Google. It even intends to become our personal advisor. Where will this lead us? This book will analyze the advantages and risks of the growing power of this corporation. It is not an accusation, but a critical analysis on basis of facts. Peter Olsthoorn (1960) studied history before he became a successful journalist at various newspapers and magazines in the Netherlands, Germany and the US. He has been one of the first European journalists publishing daily online articles s…
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Credit rating agency liability in Europe
Credit rating agency liability in Europe
The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answer…
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Sexuality, Subjectivity, and LGBTQ Militancy in the United States - Guillaume Marche - eBook (9789048528646)
Sexuality, Subjectivity, and LGBTQ Militancy in the United States - Guillaume Marche - eBook (9789048528646)
As LGBTQ movements in Western Europe and North America are becoming increasingly successful at awarding LGBTQ people rights, especially institutional recognition for same-sex couples and their families, what becomes of the deeper social transformation that these movements initially aimed to achieve? The United States is in many ways a paradigmatic model for LGBTQ movements in other countries. This book focuses on the transformations of the United States' LGBTQ movement since the 1980s, highlighting the relationship between its institutionalization and the disappearance of sexuality from its most visible claims, so that its growing visibility and legitimation since the 1990s have not led to an increase in militancy. The book examines the issue from the bottom up, identifying the links between the varying importance of sexuality as a movement theme and actors' mobilization, and enhances the import of subjectivity in militancy. It draws attention to cultural, sometimes infrapolitical, for…
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Fated Encounter - Layla Heart - eBook (9789493139121)
Fated Encounter - Layla Heart - eBook (9789493139121)
Six lovers struggling to come up with a plan to stop the fae king, one chance to save their kingdoms. While Rune and Bane are still recovering from their wounds, Finn is nearly assassinated by his aunt during the meeting with the werewolf king and the succubus queen, prompting Bane’s mum to send them off to one of their lesser-known houses, trying to keep them out of harm’s way. But that choice may not have been as spontaneous as it first seemed, as the cottage is filled with books about some very dangerous topics. As the six dive into the wealth of information, they start to doubt not only the history they’ve always been taught, but even the circumstances of their prophecy. Before the last war, their ancestors had been together at the last witch queen’s court, working on an elixir with eerily similar properties as the one the fae king uses to stop the dragons from shifting, and then the witch queen went missing. Their world falls apart more with each piece of information the…
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In this farewell speech on the occasion of his retirement as Professor of Comparative Constitutional Law at Maastricht University, given in March 2022, Aalt Willem Heringa discusses the too often ignored role of courts as interpreters of statutes. The courts, by checking the (constitutional) quality of statutes, contribute to the rule of law and parliamentary democracy. Independent courts may add to the confidence in a constitutional and parliamentary system as a whole, by being in a position to decide cases on contentious issues as an authoritative third branch of government. Moreover, courts can also make it visible to all that not only are citizens bound by the law, but that rules and fundamental principles also apply to politicians. Being subject to legal rules is not an indication of weakness, as politicians often want us to believe. On the contrary, it is an expression of strength: the strength of the safeguards for the proper functioning of our political system, which is embedded in the law. Furthermore, Heringa puts forward proposals on how to embed this essential role and function of courts into the Dutch constitutional order. He also shows how courts are an essential feature that builds trust in the constitutional system, allows for the protection of individual rights and fundamental values and even leads to a strengthening of parliamentary democracy.

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